Jeff Goldstein hits Mitt Romney on an oft-ignored weakness: judicial moderation.
Statism is in the very strictest sense anti-Constitutional. Or, if you wish to be kind, extra-Constitutional, which really amounts to the same thing.
The first step toward fixing a politicized judiciary is NOT to bracket political leanings when choosing justices. And that’s because such a conceit plays into the hands of the left, whose adepts and acolytes are happy to promote an equivalency between statist and conservative legal reasoning — with the former, when deployed “equally” on the courts, providing steady pressure against the Constitution itself, leaving the latter little margin for error should we hope to keep the courts from expanding the power of government.
There is a reason, after all, that our country has moved steadily left, and why the left will use the courts to move the country leftward whenever they can.
No, the first step toward fixing a politicized judiciary is to reaffirm the scope and function of the courts, and to state without equivocation the appropriate methodology for what comes to count as “intepretation” in a legal context.
Just so. Interpretation is not the same as re-interpretation. The former is fact-based and objective, even blind. The latter is agenda-based and deeply committed to the right answer.
A GOP candidate who does not understand this is not acceptable.